Florida Senate - 2021 COMMITTEE AMENDMENT Bill No. SB 1924 Ì741906/Î741906 LEGISLATIVE ACTION Senate . House Comm: WD . 03/17/2021 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Community Affairs (Diaz) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 252.38, Florida Statutes, is amended to 6 read: 7 252.38 Emergency management powers of political 8 subdivisions.—Safeguarding the life and property of its citizens 9 is an innate responsibility of the governing body of each 10 political subdivision of the state. However, political 11 subdivisions are given police powers to preserve, not impair, 12 private rights. Therefore, a political subdivision that deprives 13 any person of a constitutional right, fundamental liberty, 14 statutory right, or property to address a purported emergency 15 bears the burden of proving that the exercise of police power is 16 narrowly tailored, serves a compelling governmental interest, 17 and accomplishes the intended goal through the use of the least 18 intrusive means. 19 (1) COUNTIES.— 20 (a) In order to provide effective and orderly governmental 21 control and coordination of emergency operations in emergencies 22 within the scope of ss. 252.31-252.90, each county within this 23 state shall be within the jurisdiction of, and served by, the 24 division. Except as otherwise provided in ss. 252.31-252.90, 25 each local emergency management agency shall have jurisdiction 26 over and serve an entire county. Unless part of an 27 interjurisdictional emergency management agreement entered into 28 pursuant to paragraph (3)(b) which is recognized by the Governor 29 by executive order or rule, each county must establish and 30 maintain such an emergency management agency and shall develop a 31 county emergency management plan and program that is coordinated 32 and consistent with the state comprehensive emergency management 33 plan and program. Counties that are part of an 34 interjurisdictional emergency management agreement entered into 35 pursuant to paragraph (3)(b) which is recognized by the Governor 36 by executive order or rule shall cooperatively develop an 37 emergency management plan and program that is coordinated and 38 consistent with the state comprehensive emergency management 39 plan and program. 40 (b) Each county emergency management agency created and 41 established pursuant to ss. 252.31-252.90 shall have a director. 42 The director must meet the minimum training and education 43 qualifications established in a job description approved by the 44 county. The director shall be appointed by the board of county 45 commissioners or the chief administrative officer of the county, 46 as described in chapter 125 or the county charter, if 47 applicable, to serve at the pleasure of the appointing 48 authority, in conformance with applicable resolutions, 49 ordinances, and laws. A county constitutional officer, or an 50 employee of a county constitutional officer, may be appointed as 51 director following prior notification to the division. Each 52 board of county commissioners shall promptly inform the division 53 of the appointment of the director and other personnel. Each 54 director has direct responsibility for the organization, 55 administration, and operation of the county emergency management 56 agency. The director shall coordinate emergency management 57 activities, services, and programs within the county and shall 58 serve as liaison to the division and other local emergency 59 management agencies and organizations. 60 (c) Each county emergency management agency shall perform 61 emergency management functions within the territorial limits of 62 the county within which it is organized and, in addition, shall 63 conduct such activities outside its territorial limits as are 64 required pursuant to ss. 252.31-252.90 and in accordance with 65 state and county emergency management plans and mutual aid 66 agreements. Counties shall serve as liaison for and coordinator 67 of municipalities’ requests for state and federal assistance 68 during postdisaster emergency operations. 69 (d) During a declared state or local emergency and upon the 70 request of the director of a local emergency management agency, 71 the district school board or school boards in the affected area 72 shall participate in emergency management by providing 73 facilities and necessary personnel to staff such facilities. 74 Each school board providing transportation assistance in an 75 emergency evacuation shall coordinate the use of its vehicles 76 and personnel with the local emergency management agency. 77 (e) County emergency management agencies may charge and 78 collect fees for the review of emergency management plans on 79 behalf of external agencies and institutions. Fees must be 80 reasonable and may not exceed the cost of providing a review of 81 emergency management plans in accordance with fee schedules 82 established by the division. 83 (2) MUNICIPALITIES.—Legally constituted municipalities are 84 authorized and encouraged to create municipal emergency 85 management programs. Municipal emergency management programs 86 shall coordinate their activities with those of the county 87 emergency management agency. Municipalities without emergency 88 management programs shall be served by their respective county 89 agencies. If a municipality elects to establish an emergency 90 management program, it must comply with all laws, rules, and 91 requirements applicable to county emergency management agencies. 92 Each municipal emergency management plan must be consistent with 93 and subject to the applicable county emergency management plan. 94 In addition, each municipality must coordinate requests for 95 state or federal emergency response assistance with its county. 96 This requirement does not apply to requests for reimbursement 97 under federal public disaster assistance programs. 98 (3) EMERGENCY MANAGEMENT POWERS; POLITICAL SUBDIVISIONS.— 99 (a) In carrying out the provisions of ss. 252.31-252.90, 100 each political subdivision shall have the power and authority: 101 1. To appropriate and expend funds; make contracts; obtain 102 and distribute equipment, materials, and supplies for emergency 103 management purposes; provide for the health and safety of 104 persons and property, including emergency assistance to the 105 victims of any emergency; and direct and coordinate the 106 development of emergency management plans and programs in 107 accordance with the policies and plans set by the federal and 108 state emergency management agencies. 109 2. To appoint, employ, remove, or provide, with or without 110 compensation, coordinators, rescue teams, fire and police 111 personnel, and other emergency management workers. 112 3. To establish, as necessary, a primary and one or more 113 secondary emergency operating centers to provide continuity of 114 government and direction and control of emergency operations. 115 4. To assign and make available for duty the offices and 116 agencies of the political subdivision, including the employees, 117 property, or equipment thereof relating to firefighting, 118 engineering, rescue, health, medical and related services, 119 police, transportation, construction, and similar items or 120 services for emergency operation purposes, as the primary 121 emergency management forces of the political subdivision for 122 employment within or outside the political limits of the 123 subdivision. 124 5. To request state assistance or invoke emergency-related 125 mutual-aid assistance by declaring a state of local emergency in 126 the event of an emergency affecting only one political 127 subdivision. The duration of each state of emergency declared 128 locally is limited to 7 days; it may be extended, as necessary, 129 in 7-day increments. Further, the political subdivision has the 130 power and authority to waive the procedures and formalities 131 otherwise required of the political subdivision by law 132 pertaining to: 133 a. Performance of public work and taking whatever prudent 134 action is necessary to ensure the health, safety, and welfare of 135 the community. 136 b. Entering into contracts. 137 c. Incurring obligations. 138 d. Employment of permanent and temporary workers. 139 e. Utilization of volunteer workers. 140 f. Rental of equipment. 141 g. Acquisition and distribution, with or without 142 compensation, of supplies, materials, and facilities. 143 h. Appropriation and expenditure of public funds. 144 (b) Upon the request of two or more adjoining counties, or 145 if the Governor finds that two or more adjoining counties would 146 be better served by an interjurisdictional arrangement than by 147 maintaining separate emergency management agencies and services, 148 the Governor may delineate by executive order or rule an 149 interjurisdictional area adequate to plan for, prevent, 150 mitigate, or respond to emergencies in such area and may direct 151 steps to be taken as necessary, including the creation of an 152 interjurisdictional relationship, a joint emergency plan, a 153 provision for mutual aid, or an area organization for emergency 154 planning and services. A finding of the Governor pursuant to 155 this paragraph shall be based on one or more factors related to 156 the difficulty of maintaining an efficient and effective 157 emergency prevention, mitigation, preparedness, response, and 158 recovery system on a unijurisdictional basis, such as: 159 1. Small or sparse population. 160 2. Limitations on public financial resources severe enough 161 to make maintenance of a separate emergency management agency 162 and services unreasonably burdensome. 163 3. Unusual vulnerability to emergencies as evidenced by a 164 past history of emergencies, topographical features, drainage 165 characteristics, emergency potential, and presence of emergency 166 prone facilities or operations. 167 4. The interrelated character of the counties in a 168 multicounty area. 169 5. Other relevant conditions or circumstances. 170 (4) EXPIRATION AND EXTENSION OF SIGNIFICANT EMERGENCY 171 ORDERS.— 172 (a) As used in this subsection, the term “significant 173 emergency order” means an order or ordinance issued or enacted 174 by a political subdivision in response to a state of emergency 175 declared pursuant to this chapter or a public health emergency 176 declared pursuant to chapter 381 which applies to all residents 177 of the political subdivision and limits the right of a resident 178 to: 179 1. Exercise religious freedom, including the right to 180 attend a religious service; 181 2. Speak freely or assemble; 182 3. Work, be rewarded for industry, or enter into a 183 contract; 184 4. Travel; 185 5. Acquire, possess, or protect real or personal property; 186 6. Not be subject to unreasonable search and seizure; or 187 7. Purchase, keep, or bear a lawful firearm or ammunition. 188 (b) It is the intent of the Legislature to minimize the 189 negative effects and strictly scrutinize an extended significant 190 emergency order issued by a political subdivision. A significant 191 emergency order must be limited in duration, applicability, and 192 scope in order to reduce any infringement on individual liberty 193 to the greatest extent possible. Notwithstanding any other law, 194 in any action challenging a significant emergency order, the 195 issuing political subdivision bears the burden of proving that 196 the significant emergency order is narrowly tailored, serves a 197 compelling public health or safety purpose, and accomplishes the 198 intended goal through the use of the least intrusive means. 199 (c) A significant emergency order may provide exemptions 200 for first responders as defined in s. 112.1815(1); health care 201 practitioners as defined in s. 456.001; and employees of a 202 public utility as defined in s. 366.02(1). 203 (d) A significant emergency order shall automatically 204 expire 10 days after its issuance; however, such an order may be 205 extended before its expiration by a majority vote of the 206 governing body of the political subdivision if deemed necessary. 207 (e) Upon the expiration of a significant emergency order, a 208 political subdivision may not issue a substantially similar 209 order to respond to the same emergency. 210 Section 2. This act shall take effect July 1, 2021. 211 ================= T I T L E A M E N D M E N T ================ 212 And the title is amended as follows: 213 Delete everything before the enacting clause 214 and insert: 215 A bill to be entitled 216 An act relating to emergency management powers of 217 political subdivisions; amending s. 252.38, F.S.; 218 specifying that political subdivisions have the burden 219 of proving the proper exercise of its police power in 220 issuing certain emergency orders; defining the term 221 “significant emergency order”; providing legislative 222 intent; specifying limitations on the duration, 223 applicability, and scope of significant emergency 224 orders; specifying that political subdivisions have 225 the burden of proving the legality of a significant 226 emergency order in any action challenging such an 227 order; authorizing significant emergency orders to 228 exempt specified individuals; specifying the duration 229 of significant emergency orders; authorizing the 230 extension of such orders if certain conditions are 231 met; prohibiting the issuance of certain significant 232 emergency orders following an order’s expiration; 233 providing an effective date.